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<br /> <br /> <br /> <br /> <br /> <br /> provision. In lieu of a term of imprisonment, the court may order the <br /> defendant to serve a period of probation of not more than six months in <br /> accordance with the procedures, terms and conditions provided in chapter <br /> 706, part 11, Hawaii Revised Statutes. <br /> [The fines p feyided f r in this seetie" ..ha fl be imposed .:ri4 e..4 the pess:1.:1:4.. of <br /> suspension. As paA of the sentenee for any Wense, the eetH4 also may ofder the <br /> .7 .7 ..4...1 designated . the al fitwl a training program by the eefAfaefor- to step the animal nuisanee whieh eaused the offense. The eest <br /> <br /> <br /> of attending any t ft"eted or designa4ed by the animal P.Fintfsl <br /> . n4raete.. shall be paid F r by the e . 1 <br /> <br /> (c) For the [}~pese] p=oses of this section: <br /> (1) "Provision" means a prohibition or requirement under [the fellewiflg-] <br /> section 4-6 and subsection [seetierz] 4-7(b)[, seetio« ^ 8(a), se ^ 8(b), <br /> <br /> (2) An offense shall be deemed to have occurred on the date of the summons <br /> or citation identifying the offense; [and] <br /> (3) A person who commits an offense within two years of the occurrence of a <br /> previous offense involving the same provision shall be subject to the <br /> escalating penalty of [s4seetien] subsections (b)(2) or u(3), even if the <br /> [enslesur-es ei] animals involved in the offenses differed; and <br /> (4) The fines provided for in this section shall be imposed without the <br /> possibility of suspension. <br /> <br /> Comment. <br /> Regarding subsection (a): <br /> I have eliminated the term "enclosure" as all items in this article referring to enclosures <br /> have been deleted in an effort to comport with our zoning codes and the policies of our <br /> Planning Department. 1 have removed the term "a dog" and replaced with "an animal, <br /> as dogs are not the only animals that could be potential violators of this article. <br /> <br /> <br /> Regarding subsection (b): <br /> I am not convinced that these training programs, which very well may be established for <br /> the City and County of Honolulu, exist here on the County of Hawaii. I also do not <br /> believe this is a burden we should expect the HIHS to accept. My further concern is that <br /> these training programs may well conflict with the otherwise responsible facets of an <br /> offender, thus removing their rights as owners of the animal. Once again, until <br /> convinced that adequate and ample training programs that could address specific <br /> offenses exist, 1 would like to strike this language from the Bill. <br /> Regarding subsection (c): <br /> Most changes are minor in nature (housekeeping), merely meant to conform to previous <br /> changes made in Draft 2 of Bill 258. Item (4) was added, though the language is not <br /> new to this bill. Language for Item (4) was provided in part previously in subsection (b) <br /> <br /> <br /> <br /> 11 <br />